The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Defendant, after borrowing money from the victim, was unable to repay the money because the project was difficult, and there was no means to repay the money, nor deceiving the victim.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. On October 23, 2009, the summary of the facts charged of the instant case stated that “The Defendant, at the victim D’s office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S., would operate the F entertainment tavern under 501 of the E-U.S. building 501 in Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S., and would pay interest of KRW 200,000 per month if he/she borrowed KRW 100,000,000,000 to the victim.”

However, the Defendant, as a person with bad credit standing at the time of opening the above main point on April 2008, was liable to pay approximately KRW 500 million, and KRW 600,000,000 per month by borrowing from bond business operators, etc., about KRW 50,000,000,000 per month as interest for the opening of the said main point. The Defendant was unable to pay interest on the above bonds from time to time, and it was extremely difficult to use the funds borrowed from the victim to pay for the debt such as immediately paying interest, and it was not properly operated until the date of repayment. However, the Defendant did not have any specific asset until the date of repayment, but did not have any intention or ability to pay the funds even if it was borrowed from the victim due to lack of any other property.

Around October 23, 2009, the Defendant, by deceiving the victim as above, was delivered KRW 98 million to the national bank account (Account Number H) in the G name from the victim.

B. The lower court determined as follows: (a) the Defendant, who borrowed money from the victim, agreed to have the maturity of repayment two months after the short-term borrowing of money; and (b) the following circumstances acknowledged by the evidence.